Plastic Carryout Bag Ban Effective on Jan. 1, 2021

Consumers and some businesses in Delaware will no longer be able to use or distribute single-use plastic carryout bags at the point-of-sale starting January 1. Plastic carryout bags are commonly used to take items home from convenience, grocery and other retail stores. The Delaware Department of Natural Resources and Environmental Control urges consumers to bring reusable bags to stores instead and to clean/disinfect those bags between uses.

The ban is designed to reduce beach and roadside litter, save landfill space, increase recycling efforts and help recycling facilities from having to shut down when plastic bags get stuck in the machinery.

“Each Delawarean uses about 434 plastic bags and that means nearly 2,400 tons of plastic bags end up in our landfills annually,” said DNREC Secretary Shawn Garvin. “A decrease by the public of plastic carryout bags can mitigate a large portion of this waste, and help our environment by reducing the amount plastic bags on our roads and waterways that can harm us and our wildlife.”

House Bill 130 implementing the ban was sponsored by 12 legislators led by Rep. Gerald Brady and Sen. Trey Paradee, and was passed in 2019 and signed by Gov. John Carney.

Retailers can choose to offer paper bags, or cloth bags, or a thicker type of plastic bag that is designed to be reusable. The law allows retail stores to charge a fee for the bags they provide at point of sale. DNREC advises consumers to wash or disinfect their reusable bags by turning them inside out and wiping them down with a disinfecting agent after each use.

Under the law, plastic carryout bags will no longer be available from larger stores (more than 7,000 square feet) as well as smaller stores with at least three locations in Delaware of 3,000 square feet each or more. Supermarkets and big-box stores are affected, as well as chains of convenience stores. Restaurants are not subject to the ban, nor are small stores with one or two locations.

All retail stores affected by the law are required to provide an At-Store Recycling program for plastic bags and other specific plastics, like cereal box liners, newspaper sleeves, and single-use produce or meat bags. The drop-off locations should be visible and accessible within the store. Bags that are no longer reusable or unwanted should be recycled at these locations. Plastic bags should not be placed in carts that are part of the state’s curbside recycling program but should instead be returned to stores for recycling.

Consumers and retailers can find more information at de.gov/bags .

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov

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DNREC Extends Public Comment Period 30 Days for Diamond State Port Corp.’s Proposed Container Port

The Department of Natural Resources and Environmental Control will extend the public comment period through Tuesday, Dec. 1 on the Diamond State Port Corporation’s (DSPC) proposed new container port on the Delaware River at the DSPC property at 4600 Hay Road, Edgemoor, New Castle County.

DNREC held a virtual public hearing on the container port proposal Sept. 29 and the public comment period was scheduled to end Nov. 1. Widespread interest in the project – which will require permits from both DNREC’s Division of Water and the Division of Waste of Hazardous Substances, as well as a Federal Consistency Certification from the Delaware Coastal Management Program within DNREC’s Division of Climate, Coastal and Energy – led DNREC Secretary Shawn Garvin to extend the comment deadline 30 days.

Written comments may be submitted online, via email or mail from now Port Contuntil close of DNREC business, 4:30 p.m. EST, Tuesday, Dec. 1. Written comments are made available for public viewing on the DNREC website (https://de.gov/portproject) as they are received. Instructions for submitting comments can be found at the same site/url.

All comments receive equal weight from DNREC and will be reviewed by the hearing officer as she makes her recommendations on all pending matters associated with this proposed project to Secretary Garvin. Comments will also be reviewed by the Secretary as he makes a final decision on the applications for DNREC permits.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The Division of Climate, Coastal and Energy uses science, education, policy development and incentives to address Delaware’s climate, energy and coastal challenges. The Division of Waste and Hazardous Substances ensures Delaware’s wastes are managed to protect human life, health, safety and the environment. For more information, visit the website and connect with DNREC on Facebook, Twitter or LinkedIn.

Media Contacts: Michael Globetti, michael.globetti@delaware.gov ; Nikki Lavoie, nikki.lavoie@delaware.gov

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Public Comment Open, Transcript and Presentation Available on Proposed Plastic Bag Ban Regulations

Some May Have Had Trouble Accessing Virtual Hearing

On Wednesday , Oct. 21, 2020, DNREC conducted a virtual hearing on proposed regulations implementing a ban on single-use plastic bags in retail stores. Anyone who attempted to watch the hearing online by clicking on a direct link on the DNREC public hearing page was able to attend, and 12 members of the public were in attendance. As a result of a misprint that appeared in public notices, however, anyone who attempted to access the hearing online or by phone by manually entering the WebEx “event number” was unable to access the hearing.

DNREC encourages anyone interested in the proposed regulations implementing a ban on single-use plastic bags in retail stores to view the materials from Wednesday’s virtual public hearing. As with all DNREC public hearings, a transcript of the hearing has been made available online as well as the presentation from the hearing on the proposed regulations. All other exhibits – including written comments from the public – are also available online. The public hearing page is https://dnrec.alpha.delaware.gov/events/public-hearing-plastic-bag-ban-and-recycling/.

DNREC will accept written comments on the proposed plastic bag ban regulations by email, webform or U.S. mail until Nov.5, details of which are provided on the public hearing webpage. DNREC provides period to accept written public comment after all regulatory hearings. Live comments presented at the hearing carry the same weight as written comments, as live comments are transcribed and made available to the hearing officer and the DNREC Secretary in their deliberation and decision process.

The ban on single use plastic bags was passed by the General Assembly in 2019, and the law becomes effective Jan. 1, 2021. The regulations – “Plastic Carryout Bag Ban and At Store Recycling Program,” 7 Del. Admin. Code 1301 Section 14 – include further details and provisions implementing the ban.

Media contact: Michael Globetti, michael.globetti@delaware.gov; Nikki Lavoie, nikki.lavoie@delaware.gov

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DNREC Emergency Response Working to Control Oil Spill That Washed Ashore at Broadkill Beach

The Department of Natural Resources and Environmental Control responded this afternoon to reports of an oil spill estimated at five barrels or about 215 gallons of oil from an unknown source that washed ashore at Broadkill Beach. DNREC’s Emergency Response Team was working into the evening to survey impacts and plan a cleanup of the spill.

The spill spanned three-quarters of a mile of upper Delaware Bay coastline, depositing much of the oil that came ashore in the sand at Broadkill. DNREC’s Emergency Response environmental staff gauged the size of the spill after collaborating with Delaware State Police’s Aviation Unit on a reconnaissance flight over the upper Bay. DNREC will provide samples of the oil to the U.S. Coast Guard Tuesday to be analyzed for a “petroleum fingerprint” that might determine its source, and will work with the Coast Guard’s environmental contractor to clean up the spill.

DNREC also cautioned that, with an outgoing tide this evening, the oil is likely to migrate elsewhere along the Delaware coast tomorrow, and asked that residents of coastal communities contact DNREC’s environmental hotline (800-662-8802) to report any oil spotted either on- or offshore. DNREC Emergency Response surveyed other bay beaches this afternoon after the Broadkill spill was reported, but found no evidence that oil had come ashore elsewhere on Delaware Bay. DNREC will provide updates Tuesday morning.

Media Contact: Michael Globetti, michael.globetti@delaware.gov

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DNREC to Host Public Hearing on Diamond State Port Corp.’s Proposed Container Port on Sept. 29

The Department of Natural Resources and Environmental Control will hold a virtual public hearing Tuesday, Sept. 29 on a proposal from the Diamond State Port Corporation (DSPC) to construct a new container port on the Delaware River at the DSPC property at 4600 Hay Road, Edgemoor, New Castle County.

The proposed container port project will require permits from both DNREC’s Division of Water and the Division of Waste of Hazardous Substances, as well as a Federal Consistency Certification from the Delaware Coastal Management Program within DNREC’s Division of Climate, Coastal and Energy, all of which will be presented for public comment in the Sept. 29 hearing.

The public may comment in writing prior to the hearing, or comment live during the virtual hearing, or submit written comments following the hearing until November 1, 2020.

Written comments may be submitted online, via email or mail from now until Nov. 1. Written comments are made available to the public on the hearing website as they are received.

Members of the public who wish to comment live during the virtual hearing must pre-register with the Department online or by phone no later than noon on Tuesday, Sept. 29. Live comments will be transcribed and will be publicly available soon after the hearing.

All comments receive equal weight. All comments will be reviewed by the hearing officer as she makes her recommendations on all pending matters associated with this proposed project to DNREC Secretary Shawn Garvin. Comments will also be reviewed by the Secretary as he makes a final decision on the applications. No recommendations or decisions on any matters currently pending before the Department are made at the time of the hearing.

All documentation and information about the proposed project and links to the upcoming hearing, including instructions on how to join, pre-register, and/or submit comments, may be reviewed at https://de.gov/portproject.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The Division of Climate, Coastal and Energy uses science, education, policy development and incentives to address Delaware’s climate, energy and coastal challenges. The Division of Waste and Hazardous Substances ensures Delaware’s wastes are managed to protect human life, health, safety and the environment. The Division of Water manages and protects Delaware’s water resources. For more information, visit the website and connect with DNREC on Facebook, Twitter or LinkedIn.

Media Contacts: Michael Globetti, michael.globetti@delaware.gov ; Nikki Lavoie, nikki.lavoie@delaware.gov

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